OPENING STATEMENT

 

The State's Attorney (also known as an Assistant District Attorney) will make an opening statement to start the trial. The opening statement will explain the charge and the case against the defendant. The lawyer for the defendant (or accused) may either give an opening statement after the Assistant District Attorney (ADA) or reserve it until the state rests its case against the accused. 

​

EVIDENCE

​

After the opening statements, the state will call witnesses, each of whom will take an oath and give testimony. During the examination (or questioning of witnesses), exhibits (such as photographs) may be offered as evidence in the trial. If the Judge rules the exhibits are to be received into evidence, jurors may examine them and they will be take into the jury room during deliberation. Under certain circumstances, jurors may, under court supervision, leave the courtroom to look at a particular site or object.

 

DIRECT EXAMINATION

 

When examining a witness, the State asks the questions first, and this is called direct examination.

 

CROSS EXAMINATION

 

The defendant's lawyer then cross-examines the witness. Generally, cross-examination is limited to questions concerning topics brought up in direct examination.

 

REDIRECT

 

After cross examination, the State may again question the witness. This is called redirect and may be followed by re-cross examination. This process of examining and cross-examining witnesses and receiving exhibits continues until the State's evidence is before the jury. At this time in the trial, the ADA will announce, "the state rests."

​

DEFENDANT'S EVIDENCE

​

After the state has rested, the defense calls witnesses to defend against the claim of the state. The defendant's lawyer examines the witnesses first, followed by the State who cross-examines the defense witness. The defense's case continues in essentially the same manner as the State until the defendant's lawyer announces to the court, "the defense rests."

​

REBUTTAL EVIDENCE

 

The State may call witnesses to respond to testimony given in the defendant's case. This is called rebuttal. 

​

​PREPARATION OF INSTRUCTIONS

​

After both parties have rested their case, there is usually a recess while the Judge, with assistance of the lawyers involved, prepares instructions for the jury. These instructions tell the jury what the law is concerning this particular case. The jury is responsible for determining the facts of the case. The Court is responsible for determining the law.

​

CLOSING ARGUMENTS

​

The State and defense attorney's then give their closing arguments to the jury. In this argument, lawyers review the testimony and usually provide the jury each side's respective theories of the case. The State begins the closing argument, followed by the defense lawyer. The State can then offer a second closing to conclude the trial.

​

DELIBERATION

​

Court bailiffs are sworn to take charge of the jury which withdraws to a private area to decide the case. Jurors take with them their recollection of the testimony of the witnesses, the exhibits introduced at the trial and a copy of the court's instructions. The jury returns to the courtroom after reaching a unanimous verdict.

​

DECISION

​

In a criminal case, the Judge will ask the jury if a verdict has been reached. The foreperson will have completed and signed a written form stating the verdict, unless agreement was not reached. The foreperson will pass their finding to the bailiff who will give the information to the Judge. The Judge will then state out loud was found guilty, or not guilty, of the charge(s) against them, or that the jury cannot agree on a verdict. 

​

Either side may then request that the jury be polled. This means that each juror must state out loud whether they voted for or against the majority decision. Hearing the announcement of the verdict is the end of the trial and can be very emotional for a victim's family. The ADA and the Advocate assigned to the case can talk with the family in the Victim Witness Center after the trial.

​

The standard of proof in a criminal case is "beyond a reasonable doubt," the highest burden of proof required in any trial proceeding. If any doubt based on reason exists as to any element of the offense as charged, the verdict of the Judge or Jury must be "not guilty." Evidence must establish the facts so clearly, positively and explicitly that there can be no reasonable doubt that the case was proven.

​

SENTENCING TRIAL OR HEARING

​

If the defendant is convicted in the criminal trial, the case will proceed to sentencing. Sentencing will be scheduled for a later date. In Oklahoma, the Judge makes formal sentencing decisions based in part on what the sentence recommended by the jury, and after reviewing a Pre-sentence Investigation (PSI) report prepared by a probation officer.  

​

In all death penalty cases, a jury must decide unanimously that the appropriate sentence is death. If they do not, or if they cannot reach a decision, no sentence of death may be imposed.

​

Survivors have the right to make a statement at formal sentencing regarding the impact the crime had on them, emotionally and financially. The Advocate assigned to the victim's family can help provide guidance on preparing a victim impact statement.

​

VICTIM TESTIMONY AT JURY TRIAL

​

Victim impact statements to be heard by the jury at trial should be submitted to the prosecutor at least 30 days before trial begins unless you only wish to speak at sentencing. The victim impact statement will be reviewed by the Judge for the sentencing. Be aware that the defense attorney will also read the statement.

​

The victim impact statement should not repeat evidence already presented, but should simply describe the impact the crime has had on the victim's family.

​

Evidence and procedures are different during sentencing than during the trial. Defense witnesses may give subjective testimony about the defendant and why they feel the defendant should receive a particular sentence. State witnesses can also give such testimony from their perspective. 

​

Since the impact statement is given to convey the effect of the crime on the victim's family, it is not expected that the testimony be given free of emotion. 

​

Below are suggestions which can help a witness testify with relative ease and maximum credibility:

​

• Dress conservatively. Clothing should not be flashy or in any way distract from what is being said from the witness stand. No strapless dresses, spaghetti straps, halter tops, mini-skirts or hats.

• All cell phones MUST be on silent or turned off while in the courtroom.

• Courtrooms may be cold and dressing in layers is recommended.

• The seating in the courtroom is uncomfortable. A seat cushion is recommended for those that plan on being in the courtroom for an extended period of time.

• A witness can take notes or write a statement if they think it is needed. Be aware that the Judge, attorneys and the jury may be allowed to examine them.

• Be descriptive when describing the physical, emotional and financial impact of the crime. Describe the particular events that were / are painful. 

• Avoid bitter or disparaging remarks about the defendant. 

• Be honest and take your time. 

​

​

​